Talk:Moscone-Milk Assassinations/@comment-50.174.100.168-20140830035902
COMMENT FROM JEREMY ----Dan White was charged with first degree murder of a type (loosely called premeditated murder) that requires the killing to be willful, deliberate, and premeditated. Below I've posted a comparison of the way those terms (1) were defined for the jury at White's trial and (2) are defined for juries today. I've bolded words that indicate to me a significant difference btwn the definitions. In general, the instructions today allow a jury to find premeditated murder on considerably less evidence of reflection than was the case at White's trial, or so it seems to me. The law is unclear and changeable, even as it pretends to be clear and fixed. Having said all that, I think the prosecution in White's case failed less becz of unclear or unfavorable jury instructions and more becz the defense out-maneuvered the prosecution. The prosecution did not want to alienate the police and other politically conservative types and so did not aggressively attack White or his character. The main defense witness was the police detective who took White's confession --- a person who would usually be a prosecution witness. The prosecution did not effectively rebut that witness's testimony that White was a good guy who was under stress. It would not have been difficult to show that he was also seething with hatred and resentment, but the prosecutor didn't. Also, the defense used its jury challenges more aggressively than the prosecutor used his. INSTRUCTIONS re first degree murder ---- At Dan White's trial: The word willful as used in this instruction means intentional. The word deliberate means formed or arrived at or determined upon as a result of careful thought and weighing of considerations for and against the proposed course of action. The term deliberate further means that the act must have been the result of careful thought and weighing of consideration carried on coolly and steadily. In this regard, deliberate means the weighing of facts and arguments with a view to a choice or decision, careful in considering the consequences of a step, unhurried, characterized by reflection; dispassionate, and in no way rash. Deliberation means careful consideration and examination of the reasons both for and against a choice or measure, said weighing of the reasons for and against a choice or measure being done in a cool, careful, reflective and organized way. The word premeditated means considered beforehand, to think on and revolve in the mind beforehand, to contrive and design previously. If you find that the killing was preceded and accompanied by a clear, deliberate intent on the part of the defendant to kill, which was the result of deliberation and premeditation, so that it must have been formed upon pre-existing reflection and not under a sudden heat of passion or other condition precluding the idea of deliberation, it is murder of the first degree. The law does not undertake to measure in units of time the length of the period during which the thought must be pondered before it can ripen into an intent to kill which is truly deliberate and premeditated. The time will vary with different individuals and under varying circumstances. The instructions today: The defendant is guilty of first degree murder if the People have proved that (he/she) acted willfully, deliberately, and with premeditation. The defendant acted willfully if (he/she) intended to kill. The defendant acted deliberately if (he/she) carefully weighed the considerations for and against (his/her) choice and, knowing the consequences, decided to kill. The defendant acted with premeditation if (he/she) decided to kill before committing the act that caused death. The length of time the person spends considering whether to kill does not alone determine whether the killing is deliberate and premeditated. The amount of time required for deliberation and premeditation may vary from person to person and according to the circumstances. A decision to kill made rashly, impulsively, or without careful consideration is not deliberate and premeditated. On the other hand, a cold, calculated decision to kill can be reached quickly. The test is the extent of the reflection, not the length of time.